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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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Hi, I have been paying rent for a studio flat with a saniflo

Customer Question

Hi, I have been paying rent for a studio flat with a saniflo plumbing system. The tenancy agreement was drawn up and I livings in on the 30th May, during the first week the system broke and the letting agents advised me they were awaiting a part. 4 months and numerous floodings later it still was not fixed. The toilet was not screwed to the floor and back up human waste, going for a shower was a nightmare also as the waste would start coming up the pipes and flood. I contacted them on many occasions with no response and no one coming out to fix the issue. No one had came to clean the waste and every time I was left to clean it myself, the floor being heavily soiled, I finally had enough and have my notice in to leave at the end of this month although the agreement runs until the end of November (1 more months payment is rent) I handed in the keys the end of last month and due to the unhygienic state of the place, refused to pay rent this month. After speaking to one of the agents I was adivced to HAD to pay it or further action would be taken. I paid although I think this is wrong and I do not think I should be paying further rent. Can I have some advice on this ?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
Customer:

So you have one more month's rent to pay on the tenancy agreement?

Customer:

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

JACUSTOMER-0166tcn0- : Yes, 1 more month. I think I shouldn't of had to of paid for October also as I am not living there and the place is not in a liveable condition
Customer:

The legal position is that the landlord has a duty under S11 Landlord & Tenant Act to keep the facilities for sanitation in repair. This is a condition implied into all tenancies. If he files to do so you could bring an action for compensation against him. The level of compensation would depend on the length of time the landlord had notice but did not do repairs and the severity of the problem.

Customer:

I am assuming your lenalrod wantt he rent fro the last month. Strictly speaking you may have a duty to pay this but you can withold it and say this is part of the compensation he owes you for the conditions he inflicted on you. Is you deposit in a scheme?

Customer:

I am assuming your lenalrod wantt he rent fro the last month. Strictly speaking you may have a duty to pay this but you can withold it and say this is part of the compensation he owes you for the conditions he inflicted on you. Is you deposit in a scheme? If you do not pay then maybe he could start a claim in the small claims court but you could defend it by counterclaiming for compensation for the malfunctioning WC. Did yu take any photos or write/email him about the problem.

JACUSTOMER-0166tcn0- : The letting agents were made aware of this since the first couple of days in June. Yet nothing has been done to this day. Now I can't get any contact from them at all. Numerous emails and calls to the office have been ignored . It was done through calls initially. They are recorded and I can get a hold of the recording through freedom of information.
Customer:

Are they demanding payment for next month? Who holds the deposit?

JACUSTOMER-0166tcn0- : Yes. They have the deposit. The inspection has taken place and they haven't given me any update
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Customer: replied 3 years ago.
I have emailed a few parts of the agreement were the landlord has nt kept his part up also
Expert:  LondonlawyerJ replied 3 years ago.
Is your deposit not with one of the deposit protection schemes?